S.D. Codified Laws § 55-4-38

Current through the 2024 Legislative Session

Section 55-4-38 - Limitation on trustee's power to make distributions to his or her benefit

Unless the terms of the trust refer to this section and provide otherwise, a power, including the power to make a distribution to another trust under § 55-2-15, that is exercisable by or attributable to a person, other than the settlor, in such person's capacity as a trustee to make discretionary distribution of either principal or income:

(1) To or for the benefit of himself or herself is exercisable by the person only for the person's health, education, maintenance, and support in the person's accustomed manner of living; or

(2) To or for the benefit of others, is not exercisable to discharge any of the person's own legal obligations.

SDCL 55-4-38

SL 2000, ch 229, §4; SL 2007, ch 281, §8.